Certificate showing date of birth issued by Principal was not on record either before trial Court or High Court – Plea that accused-appellant was less than 21 years of age on date of commission of offence – Cannot be permitted to be raised for first time before Supreme Court.
AIR 2008 SC 1120 : (2008) CriLJ 1604 : (2008) 2 CTC 76 : (2008) 1 JT 669 : (2008) 2 SCALE 101 : (2008) 3 SCC 111 :…
No prior knowledge – Application for setting aside abatement with condonation of delay filed thereafter – Held that application should have been allowed.
AIR 2008 SC 1202 : (2008) 3 JT 443 : (2008) 2 SCALE 97 : (2008) 13 SCC 241 : (2008) AIRSCW 1175 : (2008) 1 Supreme 738 SUPREME COURT…
Partnership Act, 1932 – Sections 2, 18, 19, 22 and 28 – Order to provide security – Defendants disputing the liability as partners of the firm – Disputed amount paid to the firm by cheque which was credited in the account of firm – Even under the Partnership Act prima facie the plaintiff could enforce his claim not only as against the firm but also as against its partners
AIR 2008 SC 1170 : (2008) 1 CLT 205 : (2008) 1 JT 666 : (2008) 151 PLR 637 : (2008) 2 SCALE 119 : (2008) 2 SCC 724…
Conclusion arrived at by Additional Sessions Judge that there was no demand for any dowry by in-laws and an attempt was made to rope in many persons – Same found to be a well reasoned order – Setting aside of said order by High Court on presumptuous conclusions without recording reason – Not proper.
AIR 2008 SC 1294 : (2008) CriLJ 1941 : (2008) 1 DMC 384 : (2008) 1 JT 652 : (2008) 149 PLR 275 : (2008) 2 SCALE 133 :…
Application for cross-examination of the complainant after the evidence of complainant was closed, still pending – Dismissal of complainant due to his absence – Her presence was not absolutely necessary as matter was fixed for defence evidence
AIR 2008 SC 1296 : (2008) CriLJ 1943 : (2008) 2 JT 345 : (2008) 2 SCALE 451 : (2008) 4 SCC 67 : (2008) AIRSCW 1346 SUPREME COURT…
Appeal from jail – Duty of Authorities and powers of Supreme Court – Such appeal need to be urgently placed before Court – Records of case should not be called for by Registrar in routine manner.
AIR 2007 SC 1 : (2007) CLT 491 Supp : (2007) CriLJ 29 : (2006) 10 SCALE 510 : (2006) 11 SCC 174 : (2006) 7 SCR 905 Supp…
Constitution of India, 1950 – Articles 14, 16 and 226 – Education – Admission – Eligibility – Prospectus – Whether a State Government employee lent on deputation [at the request of the State Government employee on health ground] to a department of Central Government can be considered as a serving Central Government employee within the meaning of eligibility clause
(1998) 9 AD 187 : AIR 1999 SC 227 : (1998) 8 JT 274 : (1998) 6 SCALE 375 : (1999) 1 SCC 126 : (1998) 3 SCR 271…
Criminal Procedure Code, 1973 (CrPC) – Section 311 – Summoning of witness – Closure of prosecution evidence – Order passed merely on ground that public prosecutor has not prayed for adjournment or for examination of other witnesses – No notice issued to Police Station Officer-in-charge – Order cannot be said to be proper – Witnesses can be summoned under Section 311 in spite of said order.
AIR 2002 SC 270 : (2002) CriLJ 568 : (2002) 1 Crimes 197 : (2001) 10 JT 111 : (2001) 8 SCALE 320 : (2002) 1 SCC 655 :…
However, appellant No. 2 is an 80 years old lady and suffering from various age related ailments – It does not seem fair to hold her back in jail during pendency of appeal even if she had been convicted for alleged serious offence – Bail granted to appellant No. 2.
(2009) 6 JT 431 : (2009) 7 SCALE 231 : (2009) 6 SCC 561 SUPREME COURT OF INDIA BAKSHISH RAM AND ANOTHER — Appellant Vs. STATE OF PUNJAB —…
Exceptional circumstances arise and it becomes necessary to disassociate a member from the list, it will be open to the Director to do so. However, reasons for disassociation shall be intimated to this Court in a sealed cover without any delay
(2013) 9 SCALE 293 : (2014) 3 SCC 166 SUPREME COURT OF INDIA MANOHAR LAL SHARMA — Appellant Vs. THE PRINCIPAL SECRETARY AND OTHERS — Respondent ( Before :…